36-1-19. Legal representation; state; county.
231 words·~1 min read·
/nm/chapter-36-attorneys/article-1-district-attorneys/36-1-19·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Except as provided in Subsections B and C of this section, no one shall represent the state or any county thereof in any matter in which the state or county is interested except the attorney general, his legally appointed and qualified assistants or the district attorney or his legally appointed and qualified assistants and such associate counsel as may appear on order of the court, with the consent of the attorney general or district attorney.
B. Notwithstanding any other provision of law, a board of county commissioners may contract with private counsel for legal assistance to or representation of the county in any civil matter in which the county is interested. Such private counsel shall have the same powers of compromise, satisfaction or release in civil proceedings as are held by district attorneys pursuant to Section 36-1-22 NMSA 1978.
C. The private legal assistance permitted pursuant to Subsection B of this section shall not extend to the prosecution of any criminal action without the permission of the district attorney for that county, provided that such permission shall not be required for the prosecution of any violation of a county ordinance.
History: Laws 1909, ch. 22, § 15; Code 1915, § 1860; C.S. 1929, § 39-109; Laws 1933, ch. 21, § 7; 1941 Comp., § 17-112; 1953 Comp., § 17-1-12; Laws 1977, ch. 318, § 1; 1985, ch. 147, § 2.